PLEASE READ THIS TERMS OF AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Agreement is entered into by and between Ventifresh.com, Conary Enterprise and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of this website (this "Site") and the products found at this Site, and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you purchase or access through this Site.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following corporate policies and/or agreements, which are incorporated herein by reference:
The terms "we", "us" or "our" shall refer to Conary Enterprise. The terms "you", "your" or "User" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Conary Enterprise, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement.
This Site and the Products found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Products found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your" or "User" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Conary Enterprise finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Conary Enterprise shall not be liable for any loss or damage resulting from Conary Enterprise 's reliance on any instruction, notice, document or communication reasonably believed by Conary Enterprise to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Conary Enterprise reserves the right (but undertakes no duty) to require additional authentication from you.
GENERAL RULES OF CONDUCT
You acknowledge and agree that:
All content included as part of the Service, such as Trademarks, text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site or downloaded from the Site, is the property of Conary Enterprise and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. The Content and the Software for your personal non-commercial use only, except as otherwise permitted.
Your use of this Site and the Products found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
You will not use this Site or the Products found at this Site in a manner that:
Is illegal, or promotes or encourages illegal activity;
Infringes on the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of this Site or the Products found at this Site;
Contains false or deceptive language, or unsubstantiated or comparative claims.
You will not copy or distribute in any medium any part of this Site or the Products found at this Site, except where expressly authorized by Conary Enterprise.
You will not modify or alter any part of this Site or the Products found at this Site or any of its related technologies.
You will not use this Site or the Products found at this Site, including any of Conary Enterprise 's related technologies, for any commercial use without Conary Enterprise 's express prior written consent.
Conary Enterprise reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices for the same, at any time.
USE OF USER CONTENT
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. Conary Enterprise shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
If you post or publish your User Content to this Site, you authorize Conary Enterprise to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. Accordingly, you hereby grant Conary Enterprise a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and Conary Enterprise's business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate "private" or "password protected") through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Conary Enterprise may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Conary Enterprise shall not use any User Content that has been designated "private" or "password protected" by you for the purpose of promoting this Site or Conary Enterprise's business(es).
ACCOUNT TERMINATION POLICY
Conary Enterprise generally does not pre-screen User Content. However, Conary Enterprise reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Conary Enterprise may remove any item of User Content and/or terminate a User's access to this Site or the Products found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement, at any time and without prior notice. Conary Enterprise may also terminate a User's access to this Site or the Products found at this Site if Conary Enterprise has reason to believe the User is a repeat offender. If Conary Enterprise terminates your access to this Site or the Products found at this Site, Conary Enterprise may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
NO SPAM; LIQUIDATED DAMAGES
You acknowledge you have read, understand and agree to be bound by Conary Enterprise 's Anti-Spam Policy referenced above and available here. You agree Conary Enterprise may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Conary Enterprise liquidated damages in the amount of $0.99 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
LINKS TO THIRD-PARTY WEBSITES
This Site and the Products found at this Site may contain links to third-party websites that are not owned or controlled by Conary Enterprise. Conary Enterprise assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Conary Enterprise does not censor or edit the content of any third-party websites. By using this Site or the Products found at this Site, you expressly release Conary Enterprise from any and all liability arising from your use of any third-party website. Accordingly, Conary Enterprise encourages you to be aware when you leave this Site or the Products found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
DISCLAIMER AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CONARY ENTERPRISE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CONARY ENTERPRISE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CONARY ENTERPRISE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to protect, defend, indemnify and hold harmless Conary Enterprise and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by Conary Enterprise directly or indirectly arising from (i) your use of and access to this Site or the Products found at this Site; (ii) your violation of any provision of this Agreement or the corporate policies and/or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Products found at this Site.
COMPLIANCE WITH LOCAL LAWS
Conary Enterprise makes no representation or warranty that the content available on this Site or the Products found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Products found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Products found at this Site are responsible for compliance with all local laws, rules and regulations.
Limitation of Damages
In no event shall Conary Enterprise be liable for consequential damages for breach of this warranty. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the buyer.
Conary Enterprise warrants the Covered New Product to be free of all defects in material and workmanship for one year. This warranty extends to the original buyer (only or and each successive buyer within the warranty period).
Within the period of this warranty, Conary Enterprise will replace, free of charge; any part proving defective in material or workmanship. All warranty replace must be performed at an authorized Conary Enterprise service facility.
All expenses related to replacing a defective part under this warranty shall be assumed by Conary Enterprise except for the following expenses, which shall be assumed by the buyer: Return freight.
This warranty does not apply to any costs, repairs, or services for damage resulting from misuse, abuse, accidents, alterations, or improper installation.